My father passed without a will. Is there a way to become special administrator due to an emergency? My father’s name is on the note but I am on title – the house is in foreclosure and up for auction in 2 months. I would like to take the house out of foreclosure and have the ability to negotiate with the bank to discuss my options.
In the event your father died less than two years ago, I would recommend that you open up an informal probate of your father’s estate. You do not need a will to open an informal probate in Arizona. You would open an intestate (without a will) estate, requesting that the court appoint you as personal representative. Once the letters of personal representative are issued, you would have the authority to speak with the bank.
In order to open the probate, you would need the consent of all of the other heirs, which would include your siblings.
In the event your father died more than 2 years ago, an informal probate would not give you the powers you need to negotiate with the lender. In this type of probate the personal representative only has the rights to distribute assets to the beneficiaries. In that event, you would need to go into a formal probate.
This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.
Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, I am now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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